Sec. 206. Option for Federal savings associations to operate as covered savings associations
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The Home Owners’ Loan Act ( 12 U.S.C. 1461 et seq.) is amended by inserting after section 5 ( 12 U.S.C. 1464 ) the following: In this section, the term covered savings association means a Federal savings association that makes an election that is approved under subsection (b). Upon issuance of rules under subsection (f), and in accordance with those rules, a Federal savings association with total consolidated assets equal to or less than $15,000,000,000 may elect to operate as a covered savings association by submitting a notice to the Comptroller of that election.
A Federal savings association shall be deemed to be approved to operate as a covered savings association beginning on the date that is 60 days after the date on which the Comptroller receives the notice submitted under paragraph (1), unless the Comptroller notifies the Federal savings association that the Federal savings association is not eligible. Notwithstanding any other provision of law, and except as otherwise provided in this section, a covered savings association shall— have the same rights and privileges as a national bank that has the main office of the national bank situated in the same location as the home office of the covered savings association; and be subject to the same duties, restrictions, penalties, liabilities, conditions, and limitations that would apply to a national bank described in paragraph (1).
A covered savings association shall be treated as a Federal savings association for the purposes— of governance of the covered savings association, including incorporation, bylaws, boards of directors, shareholders, and distribution of dividends; of consolidation, merger, dissolution, conversion (including conversion to a stock bank or to another charter), conservatorship, and receivership; and determined by regulation of the Comptroller. A covered savings association may continue to operate any branch or agency that the covered savings association operated on the date on which an election under subsection
(b)is approved. The Comptroller shall issue rules to carry out this section— that establish streamlined standards and procedures that clearly identify required documentation or and timelines for an election under subsection (b); that require a Federal savings association that makes an election under subsection
(b)to identify specific assets and subsidiaries that— do not conform to the requirements for assets and subsidiaries of a national bank; and are held by the Federal savings association on the date on which the Federal savings association submits a notice of the election; that establish— a transition process for bringing the assets and subsidiaries described in paragraph
(2)into conformance with the requirements for a national bank; and procedures for allowing the Federal savings association to submit to the Comptroller an application to continue to hold assets and subsidiaries described in paragraph
(2)after electing to operate as a covered savings association; that establish standards and procedures to allow a covered savings association to— terminate an election under subsection
(b)after an appropriate period of time; and make a subsequent election under subsection
(b)after terminating an election under subparagraph (A); that clarify requirements for the treatment of covered savings associations, including the provisions of law that apply to covered savings associations; and as the Comptroller determines necessary in the interests of safety and soundness. Subject to the rules issued under subsection (f), a covered savings association may continue to operate as a covered savings association if, after the date on which the election is made under subsection (b), the covered savings association has total consolidated assets greater than $15,000,000,000. .
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Sec. 206
Option for Federal savings associations to operate as covered savings associations
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